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[Lahore]
Criminal Miscellaneous No. 53/B of 1985, decided on 16th January, 1985.
Criminal Procedure Code (V of 1898)--
---S. 497--Penal Code (XLV of 1860), S.148/307/149--Bail--Co-accused one of whom was alleged to be responsible for causing grievous injury with knife, already on bail--Only simple blunt weapon injury attributed to petitioner/accused--Accused in judicial lock-up for more than a year without any progress in trial--Accused, held, entitled to be released on bail in circumstances.
Muhammad Akram Ranja for Petitioner.
Qazi Yaseen for the State.
This is a petition for bail on behalf of Fateh Muhammad who is an accused under section 307/148/149, P.P.C. alongwith Sultan Ali, Abdullah, Muhammad Ashraf and Khan Muhammad for causing injuries to Ehsan Ali P.W. on 4-10-.1983 at about 10 p.m. It is contended by the learned counsel for the petitioner that the co-accused of the petitioner hive already been allowed bail; that Khan Muhammad accused who. was attributed grievous injury with sharp-edged weapon or the person of Ehsan Ali has also been released' on bail and as such the present petitioner should also have been allowed bail as his case was not distinguishable from other accused. It is next contended that the petitioner was arrested on 8-11-1983 but so far no evid4-nce has been recorded in the tria.6. It is, therefore. argued that tire petitioner be allowed bail. The learned counsel for the State has opposed this petition.
2. The co-accused of the petitioner including Khan Muhammad accused who allegedly caused grievous injury with knife have already- been allowed bail by the lower Court. The petitioner is attributed only simple blunt weapon injury to Ehsan P.W. the petitioner was arrested on 8-11-1983 and is in judicial lock-up without any progress in the trial of the case. Fateh Muhammad petitioner is accordingly allowed bail on his furnishing bail bond in the sum of Its. 10,000 (Rupees ten thousand)', with one surety in the like amount to the satisfaction of A.C./Duty Magistrate Sargodha.
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